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    • is the home in joint names but this is solely your debt? need far more history to be able to comment if it's paid off and was not just written of by one partly on their books and sold to anther, thus the cra file says £0. dx
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    • Hi Wondered if I could get a little advise please. I entered into a commercial lease (3 years) and within a few months I had to leave as the business I was trading with collapsed. I returned the keys to the landlord and explained the situation and no money, also likely to go on benefits but the landlord stuck to their guns. They have now instructed solicitors to send letter before action claiming just over £4000. The lease was mine and so the debt. I know this. I have emailed the solicitors twice to explain I am out of work and that with help from family I could offer a full and final settlement figure of £1500 or £10pw. This was countered by them with an offer to reduce the debt by £400, or pay off the amount over 12 months. I went back with an improved full and final offer of £2500 or £20pw. This has been rejected with the comment 'papers ready to go to court'. I have no hope of paying the £4000 and so it will have to go to court. Pity as I have no debts otherwise but not working is a killer. I wondered if they take me to court, could I ask for mediation? I also think that taking me to court will result in a pretty much nothing per week payment from my benefits. Are companies just pushing ahead with action even if a better offer is on the table? Thanks for your help.
    • Hi all, Many thanks for the advice! Unfortunately, the reply to the email was as expected…   Starbucks UK Customer Care <[email protected]> Hi xxxxxx, We are sorry to read you received a parking charge after using our Stansted Airport - A120 DT store. Unfortunately, the car park here is managed by MET parking. Both Starbucks and EuroGarages who own and operate this site are not able to help and have no authority to overturn any parking charges received. If you have followed the below terms then you would need to send all correspondence to [email protected], who will be able to assist you further. Several signs around the car park clarify the below terms and conditions: • Maximum stay 60 minutes, whilst the store is open. If the store is closed, pay to park applies. • The car park is for Starbucks customers only who make a purchase in our store, a charge will be issued if you left the site. • If you had made a purchase and required additional time, you must have inputted your registration number into the in store iPad which would have extended your stay up to 3 hours • To park in a disabled bay, you must have displayed a valid disabled badge. • If Starbucks was closed, you must have paid for parking as charges still apply, following signage located on site. • If you didn’t use the store, you must have paid for parking, following signage located on site Please ensure all further correspondence is directed to MET parking at the above email address, and accept our apologies that we cannot help you further on this matter.  Kind Regards,  Lora K  Customer Care Team Leader Starbucks Coffee Company, Building 4 Chiswick Park, London, W4 5YE
    • Thanks HB edited and re-uploaded. Thanks for the heads up 👍
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Hoist/cohen claimform - barclaycard debt


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well then holding defence

but thats 33 days away from the date on the claimform

 

 

and not sure where you are reading

but you'll never get to see the deed of assignment.

 

 

if you simple type in claimform Barclaycard

 

 

in our search CAG box of the top red toolbar

there are 100's of like claims for old BC cards for you to read.

 

 

you'll soon get the idea

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've looked at some examples, and they all seem to deal with one major debate - carey

 

as my agreement was opened in 1986, following the usual defence factors, is my main one concerning the fact that as it's 1986 carey isn't a valid argument? it seems that the general concensus about the other aspects (defaults, deed of assignment) aren't worth arguing about because the claimant can cut and paste info and it will be accepted as a valid document?

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I've looked at some examples, and they all seem to deal with one major debate - carey

 

as my agreement was opened in 1986, following the usual defence factors, is my main one concerning the fact that as it's 1986 carey isn't a valid argument? it seems that the general concensus about the other aspects (defaults, deed of assignment) aren't worth arguing about because the claimant can cut and paste info and it will be accepted as a valid document?

 

All dealt with in a Witness statement...post defence...not for inclusion within your initial defence.

We could do with some help from you.

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having looked at the threads, the common mistake seems to be what to put in your initial defence. if it's to do with the agreement being pre 2007, and to keep it brief, does my defence merely state that I've requested the original document but have yet to receive it, and as such dispute the legal validity of it?

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there is no common mistake..in any of our holding defences....

 

 

and why do you keep mentioning deed of assignment?

none of our holding defences mention anything about that at all.

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=claimform+Barclaycard+hoist+hph2&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20Barclaycard%20hoist%20hph2%202016%202017

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

what i meant was in terms of what members put in their correspondence....thereby complicating things and prejudicing their position......

 

i mentioned deed of assignment only based on what i've seen posted from site members about no chance of getting copies of deeds of assignment if that's part of the defence......it seemed based on advice given in posts that you can't rely on saying that a default/NOA/DOA isn't admissible if it's a cut and paste.

 

i may use the wrong wording, in which case i apologise, but this is new to me, and it's difficult reading so many threads to get a picture of what to put in my witness statement, rather than holding defence?

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I have just drafted a witness statement in the following thread...have a read and you will notice the difference between a defence and a witness statement.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?477133-1st-Credit-moon-beever-stayed-claim-HBOS-Credit-Card-lifted-stay-now-at-DQ-help/page3

 

The initial holding defence which puts the claimant to proof is stage 1...its vague for a reason and simply tests the claimant to see if they have the correct documents and if they wish to proceed to stage 2 of a claim.

 

If they do then the witness statement deals with all the particularised points not in the initial defence.

 

Its really easy to understand and cant see why you cant accept this simple process ?

Would you show all your cards at the beginning of a poker game ?..Litigation is the same.

We could do with some help from you.

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thanks andy....am i right in that it's the witness statement re:1st credit/moon beaver? if so, then it helps me compare where i'm at with hoist/robinson way now.

 

because of the age of the account, i had to speak to them to get certain bits of information so i could answer your standard questionnaire before advising me accordingly. does the fact that i've spoken to them prejudice my potential defence, rather than witness statement?

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phone calls don't count

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

thanks andy....am i right in that it's the witness statement re:1st credit/moon beaver? if so, then it helps me compare where i'm at with hoist/robinson way now.

 

because of the age of the account, i had to speak to them to get certain bits of information so i could answer your standard questionnaire before advising me accordingly. does the fact that i've spoken to them prejudice my potential defence, rather than witness statement?

 

Yes I stated witness statement above not a defence

 

 

" does the fact that i've spoken to them prejudice my potential defence, rather than witness statement? "

 

No....but no more tete-a-tetes or you will.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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that's a bonus then, they sent me an email saying that action had been put on hold whilst they investigated my claim, then when i chased them up, the lady had to apologise saying that what she should have said, was that FURTHER action would be put on hold, not the claim itself, thereby wasting 5 days of the timeline for me to get advice from you guys!

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A claim cant be put on hold......no more chats or advice from the claimant...or you lose.

We could do with some help from you.

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duly noted......do i use their email as evidence that they don't have a clue?

 

Yes but your a long long way from evidence and witness statement yet...simple holding defence first.

We could do with some help from you.

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doesnt really effect anything we don't need to know

in fact you don't want them to reply anyway .......think about it....

 

just don't miss your defence filing date.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

claimform date is ONE in the count.......

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

cheek! so then 4th august.....they'll probably leave sending any docs until the last day or two of the timeline they have to adhere to just to **** me off.

 

They wont be sending anything...dont be waiting for a response to start your defence.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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k, so my defence needs to cover points covering;

 

no documentation

pre 2007

previously requested original copy of agreement, not sent

 

can i put together a decent defence if i don't know what they might send back, having read lobster's threads, they could send back a bundle, just to take time up for me to go through them?

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All the examples of standard holding defences are in the Legal Success Forum as already advised...which already contain the above points....except for pre 2007 which is particularised in the witness statement.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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this is where i think i'm going wrong andy, in previous posts, the holding defence referred to was me sending off the cca and cpr requests, or have i mis-interpreted it completely?

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Last comment from me tjghy...I can't afford to spend any further time answering the same points.....

 

Post #24 in the following thread is a standard holding defence which puts the claimant to strict proof to disclose the documents it relies upon as the basis of their claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?468485-Arrow-Restons-Claim-form-old-HSBC-credit-card-debt-***Claim-Discontinued***/page2

 

Simply copy and paste and amend it to suit your particulars.....even better find a thread same claimant same solicitor same type of debt and amend to suit.

 

All holding defences refer to making CPR 31.14 and CCA section 77/78 requests.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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